Respondent Lakena Shaw appeals from a final judgment of the Civil Court, Bronx County (Brenda S. Spears, J.), entered April 21, 2005, after a nonjury trial, which awarded possession to petitioner in a holdover summary proceeding.

Per Curiam:

Final judgment (Brenda S. Spears, J.), entered April 21, 2005, reversed, without costs, and judgment directed in favor of respondent Lakena Shaw dismissing the petition as against her.

Upon our review of the record, we find that respondent Lakena Shaw established her entitlement to a lease to the subject public housing unit as a "remaining family member," it being undisputed that she was a "member of the original tenant family" (New York City Housing Authority Manual, ch VII, § [E][1][a]), who remained in continuous occupancy until the death of her mother, the tenant of record (see Kolarick v Franco, 240 AD2d 204 [1997]). There is no sound basis for a determination that respondent was not "otherwise eligible" for public housing because of her adult brother's prior felony conviction, at least in these circumstances where respondent sought tenancy status solely for herself and there is no indication that the brother will return to the apartment upon his release from prison. On this record, and given petitioner's right to exclude respondent's brother from the premises (see 24 CFR 960.203[c][3]), the denial of respondent's remaining family member claim was unwarranted.

This constitutes the decision and order of the Court.
Decision Date: July 27, 2006